The Supreme Court ruled in the case of Secretary of State for Business and Trade v Mercer, concerning the suspension of Fiona Mercer, a support worker and Trade Union Rep, after participating in lawful strike action. The Court found that section 146 of the Trade Union and Labour Relations Act didn’t protect workers from non-dismissal detriments during industrial action, deeming it incompatible with Article 11 of the European Convention on Human Rights. The judgment highlighted the need for legislative amendments to align domestic legislation with international human rights standards regarding workers’ rights to engage in lawful industrial action, posing a significant challenge to the government’s recent legislation restricting union rights.
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Nightingale Rights Initiative 